What happens if a petition for reexamination is granted after initial denial?
If a petition for reexamination is granted after an initial denial, the process moves forward. According to MPEP 2248:
“If the petition is granted, the decision of the CRU Director should include a sentence setting a two-month period for filing a statement under 37 CFR 1.530; the reexamination file will then be returned to the CRU Supervisory Patent Reexamination Specialist (SPRS) of the art unit that will handle the reexamination for consideration of reassignment to another examiner.”
Generally, the case will be reassigned to a different examiner, especially if the original determination failed to find any substantial new question of patentability (SNQ).
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2248 - Petition From Denial Of Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure